Uttarakhand
Haridwar, Dehradun
,
Khatima
,
Nainital
Published :
Oct 2016
|
Updated :
Uttarakhand's Tongia villages win battle for revenue status under FRA
Reported by
Surabhi Bhandari
Legal Review by
Anmol Gupta
Edited by
Anupa Kujur
Households affected
4236
People affected
1970
Year started
222
Land area affected
Households affected
4236
People Affected
1970
Year started
222
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Rural
Ended
1
Summary

Pachoria, Rampur, Pantha Goth and Purushotam are recognised as Tongiya villages in Nainital district. Tongia is a method of plantation initiated by the British for plantation in the tarai (hill) areas, wherein people would move from place to place for plantation activities, mostly in the forest areas. They worked for decades to regenerate forests that were destroyed by the British until a forest conservation law in 1980 prohibited them from living and working in forest areas.  

Around 223 people in these villages were granted 4,200 acres of land in the forests for the purpose of livelihood. They were promised land in some other place within a few years, but the forest department did not keep its word and instead began plantation activities on that land. Meanwhile, the villagers could not claim rights over the land that was initially allotted to them as it was officially forestland. In 2008, they filed claims under the Forest Rights Act, 2006, but these claims are still pending. “Look at the irony. The forest builders became forest encroachers,” says Hari Singh, a Tongia activist from Haripur village.

The villagers have also demanded revenue status for their village. Such as status will enable van grams, or forest villages, to get defined borders and access development schemes for basic facilities, besides the setting up of schools, health clinics and village council (panchayat).

In 2018, the Uttar Pradesh government set a precedent by recognising 29 Tongia villages as revenue villages. The people of the Tongia villages in Uttarakhand, with the help of the All India Union of Forest Working People, worked diligently to obtain all relevant documents required to establish revenue status. In 2023, their efforts bore fruit as 12 villages in the state were approved for revenue status.

These include Sattiwala, Dalip Nagar, Balkunwari and Chandi of Dehradun district; Haripur, Purushottamnagar, Kamlanagar, Rasoolpur and Tira Tongia of Haridwar District; and Leti, Chopra and Rampur of Nainital district. Bagga-54 has not met the standards for conversion. Hazara Tongia Village is within the Rajaji National Park and will be accorded revenue status after displacement.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Rural

Type of Land

Common

Forest

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence, Residential area, Grazing

Whether the project was stalled due to land conflict

Source/Reference

Total investment involved (in Crores):

Type of investment:

Year of Estimation

Page Number In Investment Document:

Has the Conflict Ended?

Yes

When did it end?

November 2023

Why did the conflict end?

Community's original demands were met

After decades of struggle for their rights, 12 villages have been accorded revenue village status. These includeSattiwala, Dalip Nagar, Balkunwari and Chandi of Dehradun district; Haripur, Purushottamnagar, Kamlanagar, Rasoolpur and Tira Tongia of Haridwar District; and Leti, Chopra and Rampur of Nainital district. Bagga-54 has not met the standards for conversion. Hazara Tongia Village is within the Rajaji National Park and will be accorded revenue status after displacement.

4
Additional Information

Government Departments Involved in the Conflict:

Forest department

PSUs Involved in the Conflict:

Did LCW Approach Government Authorities for Comments?

No

Name, Designation and Comment of the Government Authorities Approached

Corporate Parties Involved in the Conflict:

Did LCW Approach Corporate Parties for Comments?

No

Communities/Local Organisations in the Conflict:

5
Information on the use of criminal law

What was the action taken by the police?

How many people did the police detain or arrest?

What is the current status of the detained/accused persons?

Did the person face any violence while in police custody?

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?

Legislation under which the accused was charged

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Legal Supporting Documents

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Author
Reported by
Surabhi Bhandari
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Fact sheet

Demand/Contention of the Affected Community

Demand for legal recognition of land rights

Demand to retain/protect access to common land/resources

If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?

Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?

In cases where the accused person approached the court for bail, was bail granted?

Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?

Were there any other notable irregularities that took place, or other significant details?

Status of Project

Original Project Deadline

Whether the Project has been Delayed

Significance of Land to Land Owners/Users

Other Natural Resource extraction/dependence, Residential area, Grazing

Whether the project was stalled due to land conflict

Source/Reference

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